MS13 IN THE AMERICAS HOW THE WORLD'S MOST NOTORIOUS GANG DEFIES LOGIC, RESISTS DESTRUCTION - INSIGHT CRIME
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
MS13 in the Americas How the World’s Most Notorious Gang Defies Logic, Resists Destruction Picture by Rodrigo Abd/AP Images
MS13 in the Americas Table of Contents Major Findings ..........................................................................................................3 Introduction ...............................................................................................................7 Methodology .............................................................................................................10 MS13: A Brief History...............................................................................................13 From Stoners to Deportees.............................................................................13 La eMe and the MS13 .....................................................................................16 From El Salvador to the East Coast.................................................................17 From Gang Truce to War..................................................................................18 Philosophy, Ideology and Guidelines ....................................................................22 Philosophy: El Barrio and Las Letras .............................................................22 The Ideology of the Other................................................................................24 MS13 Guidelines .............................................................................................25 Organizational Structure..........................................................................................29 Cliques ............................................................................................................29 Programs and Ruling Councils .......................................................................31 Modus Operandi........................................................................................................34 Recruitment ....................................................................................................34 Joining the Gang.............................................................................................35 Day-to-Day in the MS13..................................................................................37 Criminal Economy............................................................................................39 Use of Violence................................................................................................47 Social and Political Capital.............................................................................49 Case Studies: The Dichotomies of the MS13........................................................51 MS13: Hierarchy vs. Federation .....................................................................51 Violence: Method or Madness? ......................................................................54 Criminal Migration: Master Plan vs. Opportunism..........................................58 International Drug Trafficking: Gang Project vs. Entrepreneurism.................62 Gang Truce: Social vs. Criminal Capital..........................................................66 Policy Recommendations........................................................................................71 Annex I: The Problem With Counting the MS13.........................................................74 Annex II: Glossary.......................................................................................................77 Works Cited ...............................................................................................................80 Investigative Team....................................................................................................88 Organizations ............................................................................................................89
Major Findings Picture by Luis Romero/AP Images The Mara Salvatrucha (MS13) is one of the world’s largest and arguably most violent street gangs. After relatively humble beginnings in Los Angeles in the 1980s, it has spread to more than a half-dozen countries and become a central focus of law enforcement in two hemispheres. In spite of these efforts, the MS13 remains a persistent threat and shows signs of expanding its criminal portfolio. This report attempts to explain what makes the MS13 such a difficult problem for authorities to tackle. It focuses on assisting law enforcement’s understanding of the gang’s criminal activities, but it includes deep discussion on the social and political issues around the MS13. Below are our major findings. The MS13 is a largely urban phenomenon that has cells operating in two continents. The MS13 has between 50,000 and 70,000 members who are concentrated in mostly urban areas in Central America or locations outside the region where there is a large Central American diaspora. In Honduras and Guatemala, the gang is still largely urban. In El Salvador, however, the gang has steadily spread into more rural areas. Expansion beyond urban areas has also happened in places in the United States, most notably in Long Island and North Carolina, and increasingly California. The gang has appeared as well in Europe, specifically in urban areas of Spain and Italy. The size of the gang in these settings varies greatly and fluctuates, mostly in accordance with law enforcement efforts and migration patterns unrelated to the gang. The MS13 is a social organization first, and a criminal organization second. The MS13 is a complex phenomenon. The gang is not about generating revenue as much as it is about creating a collective identity that is constructed and reinforced by shared, often criminal experiences, especially acts of violence and expressions of social control. The MS13 draws on a mythic notion of community, InSight Crime and CLALS / MS13 in the Americas 3
a team concept, and an ideology based on its bloody fight with its chief rival, the Barrio 18 (18th Street) gang, to sustain a huge, loosely organized social and criminal organization. The MS13 is a diffuse organization of sub-parts, with no single leader or leadership structure that directs the entire gang. The MS13 has two poles of power: in Los Angeles, where it was founded, and in El Salvador, its spiritual birthplace where many of its historic leaders reside. But the gang has no single leader or leadership council. Instead it is a federation with layers of leaders who interact, obey and react to each other at different moments depending on circumstances. In general terms, most decisions are made by the individual cell, or what is known as the “clica,” the Spanish term for clique. The highest-ranking members in some geographic areas make up a leadership council, but not all areas have a leadership council. In Los Angeles, the MS13 is subservient to the prison gang known as the Mexican Mafia. In El Salvador, the gang is also run from prison by its own leadership council. Along the East Coast of the United States, the gang has no council, although it is takes much of its directives from Salvadoran-based gang leaders. Because these leaders are mostly in jail, it is exceedingly difficult for them to impose total control over the rank-and-file. The MS13 has guidelines more than rules, which are subject to varying interpretations. The diffuse nature of the organization has widespread implications for how it operates. The gang has guidelines more than rules. These guidelines are subject to haphazard interpretations and application. In other words, this internal justice is not necessarily a strict system and often depends more on who the leader is and who is being judged, rather the actual transgression or the circumstances surrounding it. This inconsistent application of the rules leads to constant internal and external conflicts and is the cause of widespread violence wherever the gang operates. MS13 violence is brutal and purposeful. Violence is at the heart of the MS13 and is what has made it a target of law enforcement in the United States, Central America and beyond. It is central to the MS13’s ethos, its modus operandi, and its evaluation and discipline of its own members. Violence also builds cohesion and comradery within the gang’s cliques. This use of violence has enhanced the MS13’s brand name, allowing it to expand in size and geographic reach, but it has undermined its ability to enter more sophisticated, money-making criminal economies. Potential partners see the gang as an unreliable, highly visible target, and the gang’s violent spasms only reinforce this notion. The MS13’s diffuse nature makes it hard for it to control its own expressions of violence. The MS13’s diffuse nature has made it difficult to curtail its violence. The gang itself has attempted to implement rules to control the use of force. Most murders must be sanctioned from the highest levels, but as one of our case studies illustrates, this is often a perfunctory task, reflecting what seems to be a disregard for human life. In addition, the very system that InSight Crime and CLALS / MS13 in the Americas 4
is designed to control the violence often leads to more violence, since failure to carry out a sanctioned hit becomes cause for internal disciplinary action. The MS13 is a hand-to-mouth criminal organization that depends on control of territory to secure revenue. The gang’s lack of a centralized leadership has kept it relatively impoverished. While it has established revenue streams, the MS13 has a hand-to-mouth criminal portfolio. Extortion is the single most important revenue stream for the gang in Central America, although a significant and rising portion of the MS13’s criminal portfolio comes from local drug peddling, especially in US cities such as Los Angeles. The gang is also involved in prostitution, human smuggling, car theft and resale and other criminal activities, but the gang’s revenue nearly always depends on its ability to control territory. The MS13 is a transnational gang, not a transnational criminal organization (TCO). While the gang has a presence in two continents and at least a half-dozen nations, the gang is a small, part-time role player in international criminal schemes. In cases of international drug trafficking, for instance, the MS13 is dependent on other criminal actors such as the Mexican Mafia. The gang plays a similar, part-time role in other international criminal activities such human smuggling as well. Its diffuse organizational structure and public displays of violence are two of the main reasons why the gang has not succeeded in transforming itself into a TCO. And while some criminal activity – most notably the MS13’s involvement in petty drug dealing on a local level – is driving the gang’s maturation process and leading it to new opportunities, this is a slow process that is causing significant conflict within the gang. El Salvador’s MS13 leaders are trying to assert more control over the US East Coast. Some MS13 leaders, especially those operating from jails in El Salvador, are trying to create more top-down control, and expand its social and political influence. In El Salvador, the gang has negotiated delivering votes to some of the country’s most powerful politicians. They have also instituted more formal and complex command structures inside and outside of jail, and they have emissaries in places as far away as Boston who are trying to corral the rudimentary and undisciplined gang cliques operating along the US East Coast. The MS13 is taking advantage of traditional migration patterns, not sending members to set up new cells. The MS13’s efforts in El Salvador have alarmed law enforcement officials who say the gang’s high-ranking leaders are also moving their rank-and-file around the region, including to the United States. But while the gang is repopulating cells and establishing new ones, the MS13 appears to be taking advantage of circumstances, rather than actively creating those circumstances. MS13 members migrate for the same reasons that other migrants do, and they go to the same places. They also face many of the same risks such as indigence, isolation, victimization, detention and deportation. InSight Crime and CLALS / MS13 in the Americas 5
This report is divided into five sections. We begin by chronicling the multi-national history of the MS13. The group is the byproduct of war, migration and policy, and it has a footprint in a half dozen nations. We then turn to the gang’s philosophy, its guiding principles and ideology. The gang centers itself around the idea of community, which is reinforced mostly via violent rituals and expressions of rage towards outsiders and rivals. From there, we move to organizational structure. This includes explaining the largely misunderstood loose hierarchy of the gang and its clique system. Then we cover modus operandi, tackling the all-important questions of recruitment, criminal economy, use of violence, and political and social capital. Finally, we elaborate five case studies, which address the MS13’s: 1) organizational structure; 2) use of violence; 3) criminal migration; 4) involvement in international drug trafficking; and 5) political and social capital. InSight Crime and CLALS / MS13 in the Americas 6
Introduction Picture by Pablo Martinez Monsivais/AP Images O n July 28, 2017, President Donald Trump traveled to Brentwood, Long Island. The area had seen an uptick in violence related to the MS13. In April, four teenagers had been brutally murdered in nearby Central Islip. In September, 2016, two teenage girls had been killed in Brentwood. They were just part of a string of 17 murders prosecutors blamed on the Mara Salvatrucha, or MS13, in the previous 18 months. “They kidnap, they extort, they rape and they rob,” Trump said of the gang. “They prey on children. They shouldn’t be here. They stomp on their victims, they beat them with clubs, they slash them with machetes, and they stab them with knives. They have transformed peaceful parks and beautiful quiet neighborhoods into blood- stained killing fields. They’re animals.” (Associated Press and CBS News, 2017) The MS13 is one of the largest gangs in the world. Operating in more than a half- dozen countries across two continents, the gang has thousands of members that have formed a loosely knit criminal and social federation with a powerful brand name. As Trump noted, the gang is known for its violence. It is responsible for thousands of homicides per year, many of them committed against its own members. Its brutality has become its hallmark, leaving hacked and dismembered bodies in public parks, rivers and ditches. The gang’s violent activities have also become the focus of special gang units and inter-agency task forces across the United States. The Department of Homeland Security (DHS) is targeting its members to find and deport violent undocumented migrants. The Drug Enforcement Administration (DEA) is trying to undermine the MS13’s attempts to break into transnational criminal drug market. And in El Salvador, Honduras and Guatemala, the gang is the perennial focus of law enforcement and prosecutors. InSight Crime and CLALS / MS13 in the Americas 7
Gang-related murders are thought to represent around 13 percent of all homicides in the United States (National Gang Center, 2012), and upwards of 40 percent of the homicides in El Salvador, Honduras and Guatemala. There are no empirical studies strictly concerning MS13-related violence, and quantifying its offenses lies beyond the scope of this investigation, but in the areas we studied for this report, the MS13 was uniformly seen by law enforcement and civil society experts as the most, or one of the most, violent gangs. The numerous federal and local murder cases would appear to at least partially confirm this perception. The MS13 is as violent with its own members as it is towards its rivals and anyone who is perceived to cross the gang, including innocent bystanders. In the United States, this violence seems to come in waves. For example, in Suffolk County, Long Island, authorities blame the gang for 17 of the 45 murders in the county between January 2016 and May 2017. (Sini, 2017) Law enforcement gang experts in the Los Angeles area offer similar if not so specific estimates. Even where the gang has less of a role in homicides, such as the Greater Washington, DC area, the murders they do commit are notable for its brutal, macabre nature. (Montgomery County, 2017) In Central America, violence is more acute and widespread, so tracking these patterns as they relate specifically to the MS13 is more difficult. While gang-related homicides are believed to represent a sizeable portion of the murders in El Salvador, Guatemala and Honduras, there is little reliable empirical information to prove this theory. (Dudley S. , Homicides in Guatemala, 2017) The one data point we do have came during the gang truce in El Salvador from 2012 to 2013, when homicides dropped by half after the MS13 and the Barrio 18 entered a temporary cease fire. (Gurney, 2015) For the Trump administration, the MS13 is particularly important. The Justice Department has made the gang a top priority, and a series of indictments in the murder cases in Long Island and elsewhere show that it is putting law enforcement resources towards this end. Trump has also used the gang for political purposes, conflating the dangers of undocumented migrants in the United States with gang violence in order to further his anti-immigration agenda. For some, the MS13 is a transnational criminal organization, capable of orchestrating cross-border assassinations and trafficking illicit drugs. For others, it is a dangerous but predictable response to abuse and social marginalization. “I have a simple message for every gang member and criminal alien that are threatening so violently our people: We will find you, we will arrest you, we will jail you and we will deport you,” Trump said in his July speech in Brentwood. InSight Crime and CLALS / MS13 in the Americas 8
Still, despite the prosecutions and the rhetoric, there is little to suggest that the Trump administration’s response to the gang will yield better results than what has already been tried. Since emerging in the streets near downtown Los Angeles in the early 1980s, the MS13 has vexed authorities and resisted efforts to destroy it. It has persisted for almost four decades without a master plan, an all powerful leader or a reliable source of income. Its core membership consists of teenagers who communicate mostly via text messages. Its principal communications strategy is conveyed with spray paint. Its leaders are in jail. Most of its members did not complete high school. (Cruz, 2017) Yet the MS13 remains strong, some would say thriving. It is experiencing a resurgence in areas along the US East Coast, and establishing new beachheads in rural California and cities in Europe. (Alonso, 2016) It is also reorganizing, establishing clear hierarchies and lines of discipline in an effort to professionalize and enter new criminal markets. All of this while it faces down fierce government efforts to dismantle it in the United States, Guatemala, Honduras, El Salvador, Italy (Valencia, 2016) and Spain. (Roberts, 2014) The gang is a study in contrasts; a violent criminal group, to be sure, but also part social and part political. It is a group that can fill basic human needs just as easily as it can end a human life. It can move drugs over international borders, but it has a difficult time paying its members a living wage. These divergent characteristics explain contradictory assessments of the gang by law enforcement and gang researchers alike. For some, it is a transnational criminal organization, capable of orchestrating cross-border assassinations and trafficking illicit drugs. For others, it is a dangerous but predictable response to abuse and social marginalization. As we shall see, the gang encompasses elements of all of the above and more, which is why it has become so difficult to eradicate. This report focuses on the criminal enterprises the MS13 has developed. But understanding this criminal economy requires a deep look into the gang’s history, its core ethos, its structure and organization, and its modus operandi. The result is a more nuanced understanding of the gang, something that goes beyond the one-sided version offered by the president on that July day in Brentwood. InSight Crime and CLALS / MS13 in the Americas 9
Methodology Picture by Ginnette Riquelme/AP Images This report is part of a project financed by the United States Department of Justice’s National Institute of Justice (NIJ) program. In 2013, the NIJ awarded a grant to American University, which co-hosts InSight Crime, to complete a multi-disciplinary study on the Mara Salvatrucha or MS13. The project set out to explore, among other topics, the gang’s: • Criminal activities • Relationship with other criminal organizations and criminal organizations • Modus operandi • Use of violence • Accumulation of social capital • Political power • General development and organization • Recruitment The research was done in El Salvador, Greater Washington, DC and Los Angeles, and it was broken into two major components: 1) a quantitative component based on hundreds of surveys of gang members and gang experts, supplemented by social network analysis designed to elucidate ties between different pieces of the organization. Results of the quantitative analyses, undertaken by criminologists at American University and Arizona State University, are presented in papers that are InSight Crime and CLALS / MS13 in the Americas 10
currently under review in academic journals; and 2) a qualitative component based on dozens of interviews with gang members, gang experts and stakeholders was carried out by InSight Crime researchers. The qualitative component included field notes from interviews with stakeholders in all three venues, additional field work in Long Island and Houston, interviews with a wide set of actors working on gang issues, as well as analysis of dozens of judicial cases in the United States and El Salvador, government and media reports, and an exhaustive review of relevant secondary literature. The findings of the qualitative research, combined with additional reporting that InSight Crime conducted with separate funding in Honduras (InSight Crime and ASJ, 2015) and Guatemala (Dudley S. , Homicides in Guatemala, 2017), form the basis of this report. In all, project researchers interviewed over 100 gang experts and over 100 gang members, a combination of imprisoned members and those on the street. For this report, gang members interviewed all self-identified as such. Gang experts and stakeholders were law enforcement officials and civil society members with regular interaction with the gang, such as religious leaders or those working in youth prevention and other programs. This project is subject to an Institutional Review Board protocol that protects the anonymity of our sources. We have attempted to mitigate this by identifying the type of gang expert consulted, distinguishing two broad categories: law enforcement experts and civil society experts. We also make clear when more than one gang expert expressed a particular view and, if the gang expert is engaged in law enforcement, we indicate the government the gang expert represents. In instances where these experts are noted in the text, we do not provide citations. Where data was gathered by InSight Crime outside the scope of the NIJ-funded effort governed by the IRB protocol, sources may be identified by name. We have used case studies from judicial cases to reinforce our understanding of the gang. We understand that these examples are not perfect representations of how the gang works, and that there is a built-in sample bias. Prosecutors have a clear interest in depicting the gang as a complex, sophisticated criminal group, one that should be subject to conspiracy laws such as the Racketeer Influenced and Corrupt Organizations (RICO) statute in the United States. Nonetheless, the testimonies and experiences of the gang members and their victims in these cases help us see what the gang is and how it works. And when this information overlaps with information from interviews, it serves to fortify our knowledge base. The word gang is loaded term with multiple definitions that can be used for political purposes. (See Annex I: The Problem with Counting the MS13) For the purposes of this report, we define a gang as: A group of people – usually young and from a low socioeconomic background – that is made up of relatively autonomous cells, each with a clearly identifiable leader. These cells define themselves, in part, around InSight Crime and CLALS / MS13 in the Americas 11
constant, reciprocal violence against other groups of youths. It is this conflict that makes them a cohesive organization, and that is the means for establishing internal hierarchies and awarding status and power. The MS13 fits well within this definition. The gang emphasizes group cohesion over financial revenue, and its ideology of hate separates it from other criminal organizations we have studied. To bring this into sharp focus, it is useful to first explore the history and development of the gang. InSight Crime and CLALS / MS13 in the Americas 12
MS13: A Brief History Picture by Luis Romero/AP Images From Stoners to Deportees The MS13 began in the late 1970s in Los Angeles, California, where Salvadoran refugees were looking for more economic opportunity and fleeing a growing civil conflict in their own country. Mostly teenagers and young adults in Rampart Village, Pico Union, Korea Town and Westlake gathered, listened to rock music and smoked marijuana. They called themselves “Stoners,” an homage to the music and the drugs. The Salvadorans among them – mostly in Korea Town – formed what they called a “clica,” or “clique,” near where Pico Boulevard crosses with Normandie Avenue. (Ward, 2012) (Diaz, 2009) (Martínez C. a., El origen del odio, 2012) They took on the name “Mara Salvatrucha Stoners” or MSS. (Ward, 2012) There is much dispute about the origins of the name. “Mara” is a reference to a large, swarming group. Some have traced it to a 1954 Charlton Heston movie “The Naked Jungle,” which was translated as “Cuando ruge la marabunta,” or “When the Ants Roar.” Marabunta gave way to mara, which was eventually used to refer to the large, swarming youths forming gangs at their doorstep. For its part, “Salva” is supposedly a reference to El Salvador. And “trucha” is a trout, and some interpret this as referring to savviness or cunning. However, the word “Salvatruchos” was also used to describe the Salvadorans who helped thwart William Walker. Walker built his own mercenary army and tried to conquer parts of Central America in the 1850s before being executed. In some accounts (Flynn, 2017), there are also references to the MSS13, and we obtained photos of “MSS13” graffiti from that time period. The “13” in this case was InSight Crime and CLALS / MS13 in the Americas 13
said to be a universal symbol for outlaw, according one former US law enforcement officer; although others said it was more likely a reference to Sureños, the grouping of all southern California gangs explained in more detail below. The MSS members were fans of rock bands like AC/DC, Judas Priest, Led Zeppelin, Kiss and others. Like their idols, they flashed horns with their forefinger and pinky. They wore shorn jeans and had long hair. A tiny portion reportedly used satanic symbols and paraphernalia, some of which remain an important part of the gang’s symbolic repertoire. (Ward, 2012) They got into fistfights with other gangs and were prone to disturbances, but there was little to suggest they would become an international gang that would eventually operate in at least a half-dozen countries around the globe. By the mid-1980s, the MS13 was growing as a result of the steady influx of Salvadorans fleeing what had become a full-fledged civil war in their country, and it was transforming into something anticipating its modern form. Those entering its ranks were equal parts fearful and curious. They sought protection from other Latino gangs but also a means to connect with their fellow Salvadorans. Knives, machetes and even axes soon replaced fists. Territory became more important to the gang’s identity than music or drugs. And they expanded. What was one clique became five; this would later expand to close to 20. It took on the Los Angeles street names that would eventually spread into other parts of the United States and abroad: Western and Leeward were among the first. Rivalries emerged. The MS13’s main enemy was the Barrio 18, a gang that had been in the area since at least the 1960s. The Barrio 18 was a rare Latino gang that accepted many nationalities. At first, the two gangs were friendly. But in the late 1980s, for reasons that are in dispute1, a battle broke out between them. The killing has since spread throughout the hemisphere and has come to be a core feature of the MS13’s ethos. Younger members of both gangs have little idea of its origin and simply accept it as part of gang life. The gang depends on this rivalry to create cohesion and loyalty. Some would even argue that without this rivalry, the gang would suffer an identity crisis. (Savenije, 2009) Authorities noticed the surge in Latino gang activity in Los Angeles, but their efforts to quell the scourge only accelerated the learning curve and growth of the gang. Gang injunctions and a new RICO-style state law2 in 1988 led to more and longer prison sentences for gang members. (Greene, 2007) In jail, the gang learned new lessons that were taken back to the street where the gang was beginning to collect fees for 1 Ward’s account, which is based on dozens of interviews with MS13 members, cites three different reasons: 1) a fight over a woman; 2) an effort by some Barrio 18 members to join the MS13; 3) a drive-by shooting by MS13 members targeting a rival gang in which a Barrio 18 member died . 2 California’s Street Terrorism Enforcement and Prevention Act (STEP) effectively criminalizes member- ship in a gang and allows prosecutors to “enhance” the sentences attached to crimes that are part of gang activity. InSight Crime and CLALS / MS13 in the Americas 14
illegal activities in its territory. Drug sellers were the most common target. Weekly collections became daily collections. (Martínez C. a., El origen del odio, 2012) The “renta,” or “rent,” as it was known, took form. It was the beginning of the gang’s criminal economy. Enforcement efforts also led to more deportations and gang migration within the United States. The Northern Triangle countries of the El Salvador, Guatemala and Honduras bore the brunt of these deportations. Gangs with US brand names began appearing in the early 1990s in these countries. This process accelerated in the late 1990s and through the 2000s after changes in US laws (Saint Germain, 1996) in the mid-1990s opened the door for massive deportations of ex-convicts back to their countries of origin. Of the 129,726 convicted criminals deported to Central America between 2001 and 2010, over 90 percent were sent to the Northern Triangle. (Department of Homeland Security (DHS), 2011) InSight Crime and CLALS / MS13 in the Americas 15
At the same time, the MS13 spread across the United States. The first cliques in Washington, DC and Long Island can be traced back to the 1990s. While the Central American version of the MS13 evolved steadily into a more menacing, somewhat sophisticated criminal organization, the MS13 cliques on the East Coast were, and remain, crude copies of the gangs in other parts of hemisphere. They are known more for their penchant for violence than their criminal savvy, and they rise and fall, often in conjunction with migration patterns, leading authorities to conflate the two phenomena. La eMe and the MS13 In Los Angeles, the MS13 follows a slightly different logic, one governed by a more powerful force known as the Mexican Mafia. “La eMe” (sometimes written “La M” or “La Eme”) has strength that belies its numbers. While it only has about 100 full- fledged members – referred to as the “los señores” – spread mostly throughout the California state prison system, it controls thousands of gang members inside and outside of the jails. It achieves this by keeping gang members and others safe from other prison gangs. Unlike the outside, where Latinos are often divided by nationality, inside jail criminal groups are mostly divided along ethnic and racial lines. The Mexican Mafia is the head of the Latino jail population in Southern California. The Mexican Mafia’s umbrella is known as the Sureños. Loosely translated as “Southerners,” or “South Siders,” the Sureños incorporated all the major Latino gangs in southern California, including the MS13 and the Barrio 18. (Amaya, Sureños en El Salvador: Un acercamiento antropológico a las pandillas de deportados, 2014) Outside of prison, these gangs fight to the death. Inside, they are allies. In both spaces, they are obliged to follow the orders of the Señores and to pay a tribute from their licit and illicit activities. The arrangement has always been more than financial. The MS13 assumed some of the Mafia’s internal codes, its “cholo” style and eventually officially added 13 to its name, an homage to the letter M, which is the thirteenth letter in the alphabet. From the beginning, failure to follow orders or to pay tribute to the eMe resulted in severe consequences. The eMe could “green light” the killing of a single member, an entire clique, or an entire gang. The eMe could also quell conflict. In 1993, the Mexican Mafia famously prohibited drive-by shootings and took other measures to lower conflict among Latino gangs on the streets. Like a gang truce in El Salvador nearly two decades later, the eMe-imposed truce was controversial. Many civil society organizations viewed it positively, as a means to slow the senseless tit-for- tat that seemed to be fueling the violence between the gangs. On the other hand, police and other law enforcement agencies believed it was a ruse designed by the InSight Crime and CLALS / MS13 in the Americas 16
eMe to enhance its control over the local distribution of drugs. The government later prosecuted several Mafia members for their activities during this time period. (Greene, 2007) The MS13’s relationship with the eMe has evolved over time. Some MS13 members have sought to gain entry in the upper echelons of the prison-based criminal organization with varying degrees of success. But the MS13’s efforts to graduate from small-time street gang to big-time transnational criminal organization have been undone time and time again. This is in part due to its diffuse organizational structure, ever-changing leadership and haphazard way of applying the rules. And it may help explain why El Salvador’s more disciplined, battle-hardened leadership is starting to come to the fore. From El Salvador to the East Coast The MS13 in El Salvador has evolved considerably since the early 2000s. Jailed in large numbers as the government employed what was known as “mano dura,” or “iron fist,” security policies that criminalized gang membership or perceived affiliation, the MS13 began to impose discipline and structure. At the behest of its imprisoned leaders, the gang established rules – first inside the jails then outside – that restricted members from doing certain types of drugs and forced them to cut their hair, among other guidelines. They also began to create what they called programs, which grouped a number of cliques together under the same umbrella, so they could better channel communications from the leadership, or “ranfla,” in jail to the “corredores” (“runners”), and “palabreros” (leaders), on the streets. Its criminal economy evolved as well. With an increasingly high number of members in jail, its costs of living and maintaining its families were rising, so they instituted mechanisms to collect more money, which included selling or controlling the sale of narcotics on the street. Lastly, the MS13 spread its influence, mostly to the East Coast of the United States. There, in Washington, DC, Maryland, Virginia, New York and New Jersey, the gang established small, crude cliques. Some came from El Salvador and were therefore loyal to their Salvadoran-born cliques, answering to them. Others were independent, born in their areas of influence and donning their neighborhood names. Notably, few of them answered to the leadership in Los Angeles. From early on, the East Coast would be known for its spasms of public displays of brutal violence, including the 2003 murder of Brenda Paz, an MS13 member from Honduras turned US law enforcement informant. After luring the pregnant Paz into Shenandoah National Park, Virginia, several gang members stabbed her dozens of times, including in her pregnant belly. (Stockwell, 2005) The killing would lead to InSight Crime and CLALS / MS13 in the Americas 17
a crackdown, which would quell the gang for a period, as its members migrated to different parts of the East Coast or El Salvador. Many others were arrested, but the pattern has continued through the present. Beginning in 2012, there has been yet another spasm of violence. From Gang Truce to War In Los Angeles and El Salvador, gang members have developed social and political capital by prohibiting certain, predatory criminal activities in their areas of influence and aligning themselves with non-governmental organizations, religious institutions and others that work in jails and poor communities with marginalized youths and convicted criminals. From the beginning, it has been difficult for authorities to distinguish between when these are cynical ploys to assist the gang and when they are legitimate efforts to quell gang activity. There have been several attempts to prosecute former gang members who straddled that line. But in both Los Angeles and El Salvador, these connections have helped establish the groundwork for temporary gang truces and remain important places to stage violence prevention programs. The El Salvador gang truce, which began in March 2012, has become a lightning rod for debate over how best to deal with street gangs. On the surface, the truce – brokered by a government-sanctioned mediator Following the named Raúl Mijango and the Catholic Bishop Fabio truce, the homicide Colindres – was an agreement between the MS13 and the two factions of the Barrio 18 gang in El Salvador rate dropped to lower homicides. In return, the gang leaders would precipitously. get transferred from the maximum-security prison in Zacatecoluca to medium-security facilities where they could have access to their mid-level commanders and their rank-and-file, as well as enjoy more amenities and access to their family and friends. The agreement also permitted them to communicate freely to their mid- and low-level gang leaders on the streets and enforce the truce. Within the government-sanctioned negotiating team, and indeed among some stakeholders from the NGO and multilateral development assistance sectors, there were some who thought it could also be the beginning of a longer process in which gang members went through a “demobilization” of sorts. In this scenario, public- private partnerships would finance social, educational and economic projects, which would open the door for these gang members to engage more productively with their communities. That effort, however, never got off the ground. This was due to the private sector’s mistrust of the gangs, the public’s open rejection of the deal in polls, as well as the Salvadoran government’s own ambiguous stance towards the truce. InSight Crime and CLALS / MS13 in the Americas 18
From the beginning, the administration of President Mauricio Funes privately sanctioned the truce and empowered Security Minister David Munguía Payés to pursue talks with gangs. At the same time, it publicly distanced itself from these negotiations and the prison transfers that followed. Although Bishop Colindres was participating in the talks, the Catholic Church hierarchy declared its opposition to the truce. The US embassy also sent a clear message that it was against the truce. A further, more frank signal came from the US Treasury, which, just months after the pact, put the MS13 on its “Kingpin List” and later named six leaders to that same list. The gangs did not help. They continued their criminal activities, most notably extortion. But while the door never opened for social, economic and educational projects, the homicide rate dropped precipitously from almost the moment the gang leaders were slotted back into their former jails. (Katz, 2016) This drop in homicides was undoubtedly the truce’s most important consequence. The surprisingly quick results of this negotiation and re-insertion of these gang leaders into their prisons of choice illustrated the level of control exerted by the gang leadership over their rank-and-file. As shown in later sections of this report, gang cells have a measure of independence and control over their own members. But what few analysts expected was the speed with which the leadership could reign in its membership on the streets. Of course, it was more complicated than a simple order from the gang leaders to their mid-level commanders and rank-in-file. The truce’s main achievement was really a complicated series of alliances and a plan to interrupt violence that depended on the InSight Crime and CLALS / MS13 in the Americas 19
gang leaders in the jails, and on interaction with the government brokers and the police. During the 16 months the truce managed to lower violence, the gang leaders, government brokers and the police were regularly communicating, ensuring that the lower ranks and mid-level lieutenants were abiding by their commitments. When they did, there were carrots. When they did not, there were sticks. Discerning what those carrots and sticks were exactly, and who received them, has been difficult. What has trickled out since the truce effectively ended in June 2013 comes from a mix of reporting and judicial cases. The case files show (La Prensa Gráfica, 2017) how the gang leaders may have received direct cash payments or indirect payments via businesses inside the prisons from the government as part of a way to pay for their participation in the truce. In May 2016, Salvadoran authorities charged 21 people with crimes ranging from moving contraband into prisons to falsifying documents, including the former government-sanctioned broker, Raúl Mijango; the former head of the prison system, Nelson Rauda; and several police officials. The Attorney General’s Office says that as much as $2 million in public funds were diverted illegally to the truce brokers, facilitators and possibly gang leaders themselves. (Tabory, 2016) In August 2017, a judge dismissed the charges, but the Attorney General’s Office appealed the decision. (Kiernan, 2017) Meanwhile, following the dissolution of the truce, a series of videos and an audio recording have revealed more interactions between gang leaders who participated in the truce and political leaders looking to capitalize on the gang’s increasingly evident political power. In one video revealed in March 2016 by El Faro, gang leaders spoke with members of the opposition Nationalist Republican Alliance (Alianza Republicana Nacionalista - ARENA) party in a bald-faced effort to exchange votes for money during the 2014 presidential election. (Labrador, 2016) In an audio recording that emerged just a few days later, a prominent member of the governing Farabundo Martí National Liberation Front (Frente Farabundo Martí para la Liberación Nacional - FMLN) party negotiates with gang leaders during the same time period. (Martínez C. a., 2016) Two more videos leaked later showed FMLN officials and gang leaders talking about up to $10 million in government-financed microcredit, presumably in return for votes during those same presidential elections. (Martínez J. J., 2016) The videos illustrate the de facto recognition of the gangs as a political and social power, a process the truce appeared to have accelerated. Specifically, they show just how much the political parties depended on the votes the gangs could mobilize (and possibly suppress) in order to win. The 2014 presidential election may have turned on these very votes. The gangs also negotiated directly with mayors during the following mid-term elections. These negotiations resulted in jobs in various city halls and, in at least one case, a criminal alliance with a mayor. (Puerta, 2017) The truce also offered the MS13 an opportunity to reestablish control over its rank- and-file in the streets, and reorganize the gang’s structure. Following the truce, InSight Crime and CLALS / MS13 in the Americas 20
the gang leadership created what it called “La Federación,” or “The Federation,” a group of 30 or so leaders operating outside the jails that were given powers equal to those inside the jails. The leaders also split the country into four geographic areas to better channel communications, control their rank-and-file’s use of violence, and systematically collect more revenue. Finally, they have used this more centralized control to expand their influence in the United States, a process that is still playing out and having powerful repercussions, especially along the East Coast. Violence has since returned in El Salvador. Although homicides dropped in 2017, (Clavel, InSight Crime’s 2017 Homicide Round-Up, 2018) the country’s security situation resembles what it did during the 1980s: a low-intensity war. Death squads, some of them connected to and involving police, are assassinating suspected gang members in large numbers and dressing up the crime scenes as confrontations. (Avelar, 2017) The gangs are now targeting the security forces when they are off-duty and even in some cases their family members. (Clavel, Spike in Attacks on Security Force Families as El Salvador Violence Declines, 2017) The violence is pushing more people to flee to the United States, completing a vicious circle that seems to have no end. Some of these refugees are being recruited into the MS13 in the United States, where they have been tied to another spasm of violence along the East Coast. Some of them are settling in Los Angeles, where the gang is trying to revive cliques to their former glory. Communication, now easier than ever, is increasing among and between cliques. Efforts to supply illicit drugs from the south have picked up as well, while money and weapons are coming from the north to help El Salvador’s MS13 fight back against the brutal police-led onslaught. InSight Crime and CLALS / MS13 in the Americas 21
Philosophy, Ideology and Guidelines Picture by Luis Romero/AP Images E ven among well-informed analysts, there is no consensus about who or what the MS13 is. To some analysts, it is an organized criminal group that has a hierarchical structure, (Logan, 2009), specialized members, (Boraz, 2006), transnational capacity (Sullivan, 2006) and a clear ideology that makes it something akin to an insurgency movement. (Manwaring, 2005) To other academics and gang watchers, the MS13 is more of a social expression of despair, (Arana, 2005) a group that commits crimes and spreads to new territories because of necessity and social circumstances, (Wolf, 2012) (Cruz, 2017) It is one that is fed by insecurity and vulnerability of youths across the Americas, (Amaya, Sureños en El Salvador: Un acercamiento antropológico a las pandillas de deportados, 2014) as well as social exclusion. (Savenije, 2009) There are, of course, features of all these extremes. The gang is both victim and victimizer, (International Crisis Group, 2017) the result of a complex set of social, familial, and individual circumstances. (Amaya, Los sistemas de poder, violencia e identidad al interior de la Mara Salvatrucha 13: Una aproximación desde el sistema penitenciario, 2011) The gang is a loosely organized social and criminal community that at various points can be diffuse or hierarchical depending on the circumstances. While it has rules and some codes of conduct, it is easier to understand them as a set of general guidelines. And leaders and influential gang members have widespread discretion on the application of these guidelines, which is a source of near-constant tension and, in some cases, internal conflict. Philosophy: El Barrio and Las Letras It is important to understand that the MS13 is a mythic construct, an idea as much as a real group, a brand name as much as a substitute family. In conversations, gang InSight Crime and CLALS / MS13 in the Americas 22
members make clear that it is centered on the What separates the notion of community, which they loosely refer MS13 from other to as “el barrio.” The words literally mean “the criminal organizations neighborhood,” but it is more a reference to its and gives it durability most intimate circle. The idea of el barrio is not is that the construction exclusive to the MS13. Other gangs also refer to and the maintenance of el barrio, which has become shorthand for Latino el barrio is fundamental gang. In the case of the MS13, gang members to all gang members. also use the term interchangeably with the word “mara,” the gang’s shorthand for itself. El barrio encompasses the best and the worst of the gang, an expression of its bipolar personality that is the defining characteristic of this group. El barrio is a physical space. It has borders, and the gang marks those borders with graffiti and other public symbols. (Savenije, 2009) It posts its members at the edges of these borders to ensure others do not encroach on its space, and members protect this space with their lives, if necessary. It draws revenue from this territory and, in some cases, builds social and political ties with its residents, even while it is victimizing them. But el barrio is also psychological. What seems to bind all these groups is that they are looking for a sense of place: a space where they can get protection and nurturing – both positive and negative; a space where others are supportive of one another; a space it can call its own, henceforth its near constant references and symbols that beckon the homeland. That space is what they call el barrio. What separates the MS13 from other criminal organizations and gives it durability is that the construction and the maintenance of el barrio is fundamental to all gang members. Efforts that put anything above this idea run into stiff resistance. This is as tricky as it sounds and strikes at the heart of the key dichotomy of this gang. The MS13 is not about criminal proceeds as much as it is about creating a community that is constructed and reinforced by shared, often criminal experiences, especially acts of violence and expressions of social control. Criminal activities or deeds need therefore to service that community, not the individuals in that community. The MS13 has put a name to how this works in practice. The gang members refer to it as “las letras.” Las letras is literally a reference to the letters M and S (as opposed to “the numbers,” or “los números,” which is what they use to refer to the Barrio 18 gang). As one gang member described to us, “We owe everything to the letters. We go only as far as the letters allow us.” (“A las letras nos debemos, llegamos hasta donde las letras nos dejen.”) The phrase encapsulates the MS13’s dichotomy. They are stronger when they work as a group, rather than as individuals. In the best of circumstances, they protect and even support one another. And while they celebrate individual achievements, they InSight Crime and CLALS / MS13 in the Americas 23
are always reminded that any individual gain comes because they are part of that group. In this way, it is not too different from a sports organization that preaches that the team comes first. (Savenije, 2009) In the gang, individuals who place themselves above the team are considered counterproductive, even traitorous, and must be disciplined. But the second part of the phrase – “We go only as far as the tetters allow us” – is seemingly contradictory to the first. Going only as far as “the letters allow us” is a reference to the counterculture spirit of the gang. In other words, the gang permits a certain amount of independence, even entrepreneurism, if it reflects well on the MS13’s brand. In practice, what this means is that individual members can enter commercial arrangements and commit certain crimes without necessarily seeking approval. In fact, they have a duty to obtain tribute for the gang, which often means taking violent or coercive actions against others. However, if gang members overstep their bounds, they can face severe disciplinary action because they have besmirched the gang’s reputation and may have put gang members at risk. The same can happen to the gang’s individual group, the “clica,” or “clique,” which often faces a similar dilemma: pay homage to the gang by expanding your influence, increasing your revenue, recruiting more members or exerting social control, but in the process do not overstep your bounds – go only as far as “the letters” permit. These are the grey areas in which gang members kill and get killed in startling numbers. The Ideology of the Other The letters set the gang apart from other gangs and criminal organizations. The letters are theirs and theirs alone. Building this loyalty is not easy and relies largely on creation of an enemy, a life-long foe around which the gang can coalesce. (Savenije, 2009) That foe is the Barrio 18 gang. The Barrio 18, sometimes referred to as 18th Street, is in many ways a mirror image of the MS13. (Savenije, 2009) Like the MS13, it was formed by Latino migrants on the streets of Los Angeles, many of whom fled civil conflicts and economic upheaval in Latin America. The gang was once an MS13 ally. The two reportedly socialized and operated in some of the same areas in the city in relative peace. But that peace was broken, and the chains of retribution quickly spread, in part because of their familiarity with one another. (Martínez C. a., El origen del odio, 2012) Over time, the Barrio 18 became not just a useful foil, but the useful foil: a reason to join, a reason to fight, a reason to celebrate when one of the other gang’s members was dead. That fight built cohesion and comradery, and eventually became an ideology in and of itself. Las letras vs. los números is the centering point for the gang. (Savenije, 2009) InSight Crime and CLALS / MS13 in the Americas 24
The vilification of the Barrio 18 is now integrated into the recruiting and training of MS13 members. To enter the gang, many recruits are ordered to kill a “chavala,” roughly translated as “punk,” the MS13’s word for a rival gang member. It is also part of the indoctrination, mixed into the everyday language of its members, and at the top of its rulebook. MS13 members, for example, are not allowed to speak or write the word “eighteen.” Radicalism is viewed favorably and radical action towards the enemy is rewarded, even if it is counterproductive for the gang and puts others at risk. This is apparent in cases where extreme acts of violence are committed against anyone who interacts, even on a superficial level, with the rival gang. Hatred of the Barrio 18 is the glue that holds the MS13 together. (Amaya, Los sistemas de poder, violencia e identidad al interior de la Mara Salvatrucha 13: Una aproximación desde el sistema penitenciario, 2011) The gang has used it to build its brand across two continents, and it may help us understand the durability of these two gangs more than any other single factor. But the obsession with the other gang has also pulled the MS13 to other end of the pendulum of criminal organizations: While some criminal groups focus on obtaining and developing reliable revenue streams, the MS13 is focused on developing new ways to undermine and destroy the other gang. Any action, discussion or reconciliation is suspicious, even traitorous, and will cause internal rifts. MS13 Guidelines The MS13’s overarching philosophy and ideology keeps the gang centered, but it cannot keep order, so over the years, the gang has established a set of guidelines. (Amaya, Los sistemas de poder, violencia e identidad al interior de la Mara Salvatrucha 13: Una aproximación desde el sistema penitenciario, 2011) These guidelines cover the gang’s most persistent problems. Some of them deal with specific issues, but they reflect the gang’s need for discipline, trust, loyalty and commitment, as well as its desire for social control over its own members and those in its territory. No Theft The MS13 prohibits theft from the gang. This is, in part, because the gang’s criminal economy is based mostly on extortion, or what they call “rent.” Individuals in the cliques carry out this extortion, making this rule an indispensable part of the MS13 handbook. Technically, all extortions need to be decided upon and communicated to the clique leaders. These leaders then transmit this information and a percentage of this revenue to their bosses – in most cases, the heads of what are called “programs” – who then pass a percentage to their bosses, who are referred to as “ranfleros,” or “shot-callers.” (For more on these terms, see the section: Organizational Structure) In some cases, all theft is also prohibited in the areas where the gang operates, and InSight Crime and CLALS / MS13 in the Americas 25
You can also read